McQueen v. Common Council of City of Detroit
| Decision Date | 01 March 1898 |
| Citation | 116 Mich. 90,74 N.W. 387 |
| Court | Michigan Supreme Court |
| Parties | MCQUEEN v. COMMON COUNCIL OF CITY OF DETROIT. |
Certiorari to circuit court, Wayne county; William L. Carpenter, Judge.
Petition for a writ of certiorari by James McQueen against the common council of the city of Detroit to review a judgment denying an application for a writ of mandamus. Denied.
John J. Speed, for petitioner.
Charles D. Joslyn, for respondent.
GRANT, C.J. (after stating the facts).
The relator insists that he could not be removed except upon the preferment of charges and an opportunity to be heard and defend himself. The agreed facts show that relator was unfit to hold the important position to which he was appointed, and that his removal was justified. He now demands payment from the city for services not rendered, because his removal was not in accordance with the strict rules of the law, and asks the court to issue the discretionary writ of mandamus to accomplish that purpose. Courts will not grant discretionary writs to accomplish an apparent injustice, and to enforce payment where clearly nothing is equitably or justly due. We therefore decline to issue the discretionary writ of mandamus to review this proceeding. We, of course, express no opinion upon the question of the power of removal. We only determine that, where one's unfitness for the position is confessed, he cannot invoke discretionary writs to test the question. Merrill, Mand. � 74; Board of Sup'rs v. Mentor Tp., 94 Mich. 386, 54 N.W. 169. Writ denied. The other justices concurred.
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